Schrubb v. Jager et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/29/13 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KEVIN RAY SCHRUBB,

12

Plaintiff,

13
14

No. 2:13-cv-1769-EFB P

v.

ORDER

FNU JAGER, et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding without counsel. He brings an action under 42

17
18

U.S.C. § 1983 against officials at Pelican Bay State Prison. A civil action, other than one based

19

on diversity jurisdiction, must be brought in “(1) a judicial district where any defendant resides, if

20

all defendants reside in the same State, (2) a judicial district in which a substantial part of the

21

events or omissions giving rise to the claim occurred, or a substantial part of property that is the

22

subject of the action is situated, or (3) a judicial district in which any defendant may be found, if

23

there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). Pelican

24

Bay State Prison is in Del Norte County. Because Del Norte County lies within the venue of the

25

Northern District of California, venue properly lies in that district and not in this one. See 28

26

U.S.C. § 1391(b); 28 U.S.C. § 84(a).

27

/////

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that this case is transferred to the United States

2

District Court for the Northern District of California. See 28 U.S.C. § 1406(a).

3

Dated: August 29, 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2